36 participate in the the governance of Tanzania surely derogates from the rights enshrined in Article 13 (1) of the Charter. Although, the exercise of this right must be in accordance with the law. 100. The enjoyment of this right is also restricted by article 27(2) of the Charter which provides that: “The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.” Further, the duty set out in Article 29(4) of the Charter which requires individuals, “To preserve and strengthen social and national solidarity, particularly when the latter is threatened;” also limits the enjoyment of this right. 101. The Respondent, in support of the said restrictions calls in aid the principle of necessity based on the social needs of the people of Tanzania. What are these social needs? 102. In response to the questions put by the Court during the hearing, the Respondent stated that the circumstances prevailing in Tanzania demand that the prohibition of independent candidates be maintained. According to the Respondent, this is in view of the structure of the Union, the United Republic of Tanzania comprising Mainland Tanzania and Tanzania Zanzibar. They contended that the restriction that there should be at least a minimum number of members of a party from the Mainland and from Zanzibar is justifiable and that the requirements to be

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